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prophetik music

need a bit of legal advice

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Since they seem so desperate to protect their brand, why don't you tell them to buy another domain (maybe using your real name) for you?

It'd be a semi-pacifical solution.

i offered to sell them my domain. they ignored the offer.

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i offered to sell them my domain. they ignored the offer.

I guess that was because they just want the domain removed, so if you change domain the problem would be fixed.

At least, you wouldn't lose your website with my suggestion :-P

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i am not a lawyer

so what's happening here is these guys are trying to bully you into giving up the name. they have money and lawyers. you don't. they know you don't.

however, they don't want this to go to court any more than you do. they're hoping you roll over without a fight.

but i hate to break it to you, you're not standing on very solid ground here, brad. even though you're not selling anything, you ARE using their likeness as your own. you didn't know it at the time you created the website, though, so most likely what will happen if this DOES go to court is you will lose the right to use the name prophetik, and your domain name, but nothing more. they can't sue you for damages. well, they can try, but they will fail.

unless this thread stays up. if this does go to court, this thread will be used as evidence. they will probably say you tried to tarnish their good name out of retaliation. they will be right.

here's what i'd do if it were me. send the guy an email and kindly ask him to have his lawyer contact you. once you've talked to their for real legal representation and you're sure what they're saying isn't bullshit and this is not just some random internet troll impersonating them (which it may be though that seems unlikely at this point) then change your moniker and set up a new website somewhere else, and ask a moderator to delete this thread. DO NOT GIVE THEM THE DOMAIN THOUGH. simply stop using it. if they want it, they can buy it from you.

i wouldn't even bother trying to register a "prophetik music" trademark. that'd be like trying to register "Coca-Cola Music." it'll never fly. it often takes years for trademarks to get registered anyways, several of those years are just so opposition has a chance to file a dispute. which will happen the instant Prophetik gets word of it. you'd just be stirring up the hive even further.

it sucks, but that's my $0.02 USD

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meteo, if i'm reading that right, the music-based part of this copyright crapped out in 2004, right?

I was hoping you'd tell me, that's just something I came across while Googling to see it. It adds another weird layer to this nonsense and I was hoping to see if anyone else knew more about it.

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here's what i'd do if it were me. send the guy an email and kindly ask him to have his lawyer contact you. once you've talked to their for real legal representation and you're sure what they're saying isn't bullshit and this is not just some random internet troll impersonating them (which it may be though that seems unlikely at this point) then change your moniker and set up a new website somewhere else, and ask a moderator to delete this thread. DO NOT GIVE THEM THE DOMAIN THOUGH. simply stop using it. if they want it, they can buy it from you.

i already said that they were welcome to contact me through the information at the ISP. i refused to give them any information over email, for obvious reasons. if they can get the info from the ISP - which, if they're real lawyers, it should take about a day - then i'll gladly turn off the front page for the site and start just going under my name. until then, though, i'm just ignoring their garbage.

i wouldn't even bother trying to register a "prophetik music" trademark. that'd be like trying to register "Coca-Cola Music." it'll never fly.

interesting point you make, but prophetik is an intentional misspelling, not a made-up word. there's at least twelve companies out there operating with "prophetik" in their names, with three or four of the music artists of some sort. a better analogy would be me trying to copyright "beetle music" and being contacted by whatever's left of the beatles...except the beatles if they weren't one of the most popular bands ever, but rather some scrub.

all that said, i wouldn't mind if we didn't freak about retribution (meteo)...as soon as i've got more information, i'll post it.

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I'd agree with you except no one can even find or prove they have "prophetik music" trademarked in the first place. It reminds me of the Nihilists demanding ransom money for a girl they never kidnapped.

I would think a company this ferocious about protecting their name might at least produce a copy to prove they have it. Right now it just looks like they're harassing Brad, telling him to go find it in places where it can't be found and expecting compliance. That's not reasonable either.

***

On further inspection, did anyone see this yet? http://www.trademarkia.com/prophetik-76259412.html.

Doesn't matter that they don't have "prophetik music", since "prophetik" is a made up word it's distinct. You can't make "Microsoft shoes" or "coca-cola music" as Suzu pointed out.

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all that said, i wouldn't mind if we didn't freak about retribution (meteo)...as soon as i've got more information, i'll post it.

Fair enough. I'm sort of incensed to action because this whole thing personally upsets me. That Ephyxia guy gets away with making money on Nintendo's obvious IP while decent guys like you get nailed for pretty much nothing? That's bullshit I won't stand for.

All the same, yeah, we need to wait and see. I wasn't planning any action myself but just in case others were already in the pipeline for it... you just never know.

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If they can't refer you to the patent in question, there probably isn't one. If they decide to make one now, make sure you can produce relevant prior art history to defend yourself.

I would say you probably should be more passive and not say 'This will be the last correspondence, since I have cooperated with your efforts'. Any indication that you are unwilling to work with them may be used against you, even if it was not the case. It can be misconstrued.

Just continue to ask them to produce the patent in question so you can comply with their request. Hint that your lawyer advised you thus far even if you have no lawyer. In my experience, suggesting you are being professionally advised usually ends the conversation.

good luck

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It might not be a lawyer; it could just be the owner (or a representative of) the company. That doesn't mean they can't potentially make Brad's life miserable, or that they wouldn't even win if they go to court. This stuff can get real nasty real fast.

absolutely not a lawyer. His tact indicates he isn't even advised by one.

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unless this thread stays up. if this does go to court, this thread will be used as evidence. they will probably say you tried to tarnish their good name out of retaliation. they will be right.

If this did go to court id sure as hell delete this thread.

Edit:for my two cents i'd be willing to delete my comment on here and im sure plenty others would too.

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Yeah I should do that too. That suggestion was not created by rational thinking and unbiased motivation.

Edit: Deleted. Zircon might need to remove any parts of his response that contain my original message as well.

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Fair enough. I'm sort of incensed to action because this whole thing personally upsets me. That Ephyxia guy gets away with making money on Nintendo's obvious IP while decent guys like you get nailed for pretty much nothing? That's bullshit I won't stand for.

All the same, yeah, we need to wait and see. I wasn't planning any action myself but just in case others were already in the pipeline for it... you just never know.

Well, Ephixa doesn't make most of his money from his Zeldastep stuff. It's like yelling at the Brony musicians for using their remixes to make money. Doesn't cut into profit, creates hype for the products they're associated with, ends up as a thing they keep going so long as it doesn't get out of hand. This guy is obviously a small (very much so) business, and while he doesn't make music, having another brand with the same or similar name can hurt business. Especially with contention for not just the second spot on Google's search results, but the fourth one as well. So it's more of a fight here since this fashion company is not nearly the corporate giants that Hasbro and Nintendo are. IP becomes more of an issue.

Again, not an expert, but there's my two cents....

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If this did go to court id sure as hell delete this thread.

Edit:for my two cents i'd be willing to delete my comment on here and im sure plenty others would too.

Google would still have it, mos def

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Well, Ephixa doesn't make most of his money from his Zeldastep stuff. It's like yelling at the Brony musicians for using their remixes to make money. Doesn't cut into profit, creates hype for the products they're associated with, ends up as a thing they keep going so long as it doesn't get out of hand. This guy is obviously a small (very much so) business, and while he doesn't make music, having another brand with the same or similar name can hurt business. Especially with contention for not just the second spot on Google's search results, but the fourth one as well. So it's more of a fight here since this fashion company is not nearly the corporate giants that Hasbro and Nintendo are. IP becomes more of an issue.

Really? I was told, Overcoat on IRC IIRC, he made like $50,000 or more for his Zelda dubstep and just profits off of it. I don't know of him myself beyond that, that's just what I was told.

I probably need to stop posting in this thread, I seem to inadvertingly be making more and more of an ass out of myself.

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My impression was the dude was just getting rich off of his Zelda dubstep. I figured he had to be spending some money to make that happen, but I didn't think it was all going back into promotion and stuff for it.

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Really? I was told, Overcoat on IRC IIRC, he made like $50,000 or more for his Zelda dubstep and just profits off of it. I don't know of him myself beyond that, that's just what I was told.

I probably need to stop posting in this thread, I seem to inadvertingly be making more and more of an ass out of myself.

My impression was the dude was just getting rich off of his Zelda dubstep. I figured he had to be spending some money to make that happen, but I didn't think it was all going back into promotion and stuff for it.

It's okay, not many people are aware of the fact that he's now a Monstercat heavy-hitter. He probably HAS made a fair amount of money off of it, but a lot of his original stuff is where he makes his money (especially since he signed with Monstercat). Although you are probably correct in that he only puts some money into hype for it, so he's still making a large profit from a money-spent/money-made perspective.

Plus, there's the hype factor. He's raising hype for the Zelda games by releasing the stuff. From Nintendo's viewpoint, he's advertising their games for free. Sure, he's making some money doing it, but not the same amount they're making off of the games. So for them, taking him down wouldn't even be that beneficial.

In THIS case, though, Brad is drawing more people towards his music as opposed to the (*ahem*) "fashion" company, I guess, and since they aren't gigantic like Nintendo is, they want to get him off of their brand name. Not the same viewpoint. So it's a complex business thing. (I think...)

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My only advice is emotional: I guarantee that you will be SO MUCH happier if you just move with the tides and let them have the name. Yes, when I read the letters and saw the level of vanity on their website, my jimmies were rustled, if you will . . . but don't get pulled into this. Your music won't be affected by a name change; it will be affected by an embattled spirit, regardless of the possibility of financial loss.

Also, to echo whomever said it, it's my understanding that if you submit a request to register 'prophetik music' it will take years before that trademark is admissible in court. (I'm not a lawyer though.)

I would find a new name, but keep your domain and try leaving up a simple webpage that very simply and directly informs any wandering fans of the name change. Put a link to your new domain, and put links to the prophetik fasion websites too. This should help boost their sites above your old site thereby (hopefully) placating them, while still leaving the portal for fans to discover your new name and giving your new site a little SEO assistance.

Your music is a labor of love -- not a labor for capital -- so in this case don't confuse the symbol with the referent. Change the name, play your music, enjoy yourself.

edit: find some obscure mineral and name yourself after it

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